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*- * SATURDAY, November 7, 17851.] THE AUGUSTA CHRONICLE A N" D GAtZET T E of the STA TE. FREEDOM of the PRESS, and TRIAL bj JURY, shall remain inviolate. New Con fit ut ion of Georgia, AUGUSTS: Printed JOHN E. SMI TH, Printer to the State ; ■ Ejfays, Articles of Intelligence , Advert ifements, &c. will be gratefully and every kind of Printing performed. An Aa to ejlablijh the JUDICIAL COURTS' of the UNITED STATES; (Continuedfrom our laft.)' he it further tnaitld , That the su preme court flfaU have exdufive ju rifdkiioii of all coritroverlres of a civil nature, where a ftafe is a party, except be tween a state and its citizens ; and except aifo between a state and citizens of‘other Hates, or aliens, in which latter case it (hall have original but not exclusive ju'rifdiftlbh. And (hall have exclusively all such jurisdic tion of suits or proceedings against ambassa dors, or other public ministers, or their do tneftjcs, or domestic servants, as a court of law can have or exercise confidently with the law of nations ; and original, but not exclu sive jurifdiftion of all suits brought by atn baliadore, or other public ministers, or in which a consul, or vice-couful, (hall be a party. And the trial of issues iu fad in the supreme court, in all adions at law against citizens of the United States, (hall be by jury. The fitpreme court (hall also have appellate jurifdidion from the circuit courts and courts, of the several states, tn the cases herein aEer Specially provided for: And tliall have power to issue writs of prohibition to the diftrid courts, when proceeding a* courts of admi ralty aud maritime'jurifdidion, and writs of •mmdamns, in cases warranted by the princi ples and ufiges of law, to any courts appoint ed, or persons holding office, under the au thority of the United States. And be it further enaded , That all the be- • forementioned courts Os the United States, lhall have power to iifue writs of /are facias, habeas co pm, and all other writ* not specially provided for by ftatute,' which maybe nefcef lary for the exercise bf their refpedivc jurrif didibns, and agreeable to the principles'and usages of daw. And that either'of the jus tices of the supreme court, as well'is judges of the diftrift courts, flixlt have power to ' grant writs- of habeas corpus' for the purpose of enquiry into the cause of commitment: Provided , thai writs of habeas corpus, (ball in no case extend to prifeners in gaol, unless where they are in enftodunder or by colour of the authority of the United States, or are committed for trial before feme court of' the fame, or are neceflary to be brought into ' court to teftify. And be it f urther enaßed, That all the said courts of the United States, ‘ shall have power in the trial of aftiom at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their polfeffiou or power, which contain evidence pertinent to the issue, in cases and undef cir cumstances where they might be compelled to produce the fame by the ordinary rules of proceeding in chancery ; and if a plaintiff lhall fail to comply vfith loch t>rder, to' pro duce booksor writings, it shall be lawful for the courts refpeffively, on motion, to give the like judgment for the defendant as in cases of notifnit, and if a defendant (hall tail to comply with such order, to produce books or writings, it (hall be lawful for the courts re fptftively, on motion as aferefaid, to give judgment against him or her by default. And be it further esta&ed, That suits in ’ev quit? (hill not be sustained in either of the eourts of tlyl United States, in any case where plain, adequate and complete remedy may be bad at law* GEOR GIA. And be it further tnaßed, That all the said courts of the United States (hall have power to grant new trials, in cases where there has been a trial by jury for rea.'ons for which new trials have usually been granted in the courts of law; andftiill have power to impose and adrainifter all necelfary oaths or affirmations, aud to punith by hue or imprifonmeut, at the diferetion of said courts, all contempts of au thority 'in any ‘ cause or heariug before the fame ; and to make and eftabhfh all uecefiary rules fcfr the orderly conducting buiinefs in the said courts, provided such ruies are not repugnant to the laws of the United States. And be it further enuded, That, When in a circuit court, judgment upon a verdiftin a civil adiou lhall be ente<ed, execution may on mo tion of either party, at the diferetion of the court, and on such conditions for the fecurit/ of the adverse party as they may judge pro per, be flayed forty-two dafS from'thft" time of entering judgment, to give time to file in the clerk’s office of said court, a petition for a new trial And if such petition be there filed within said term of forty-two days, with a certificate thefeoti ftoin cither of the judges of such court, that he allows the fame to be filed, which certificate hi may make or refute at his diferetion, execution (hall of course be further ttayed to the next session of said court. And if a new trial be granted, the former judgment (hall be thereby rendered void. And be it further tnudtet, That it thall be the duty of ciicuit courts, in caulcs in equity and of admiralty and maritime jnrifdiCtion, to cause the fafts on which they found their sentence or decree, fully to appear upon the record either from the pleadings ami decree itfelf, or a Hate of the case agreed by the parties, or their council, or if they difagicc by a dating of the case by the court. And be it further enacted , That where in a circuit court, a plaintiff in an aftion, original ly brought there, or a petitioner in equity, other than the United States, recovers lets than the sum or value of five hundred dollars, or a libellant, upon his own appeal, less than’the sum or value of three hundred dol lars, he lhall not be allowed but at the difere tion ot the' court, in ay be adjudged to pay calls. * And he if further tnaSed, That from final decrees in a diftrift court in causes of admi ralty and maritime jurifdiftion, where the matter in dispute exe’eids the sum of value of three hundred dollars, exclusive of coils, an appeal lhall be allowed to the next circuit court, to be held in such diftrift. Provided, nevertheleji , That* all such appeal* from final decrees as aforefaid, front the diftrift court of Maine, (hall be made to the circuit court, next to be hoiden after each appeal iu the di drift of Maftachuietts. And he it further tna3ed, That final decrees and judgments in civil aftiona in a diftrift court, where the matter iu difputd exceeds the sum or value of fifty dollars, exclusive of cods, may he re-examined, and reversed or affirmed in a circuit court, hoiden in the fame diftrift, upon a writ of error, whereto lhall be annexed and returned therewith at the day and place therein mentioned, an authen ticated traufeript of the record, and affigu ment of errors, and prayer for tcverfal, with a citation to the adverse party, signed by the judge of such diftrift court, or a justice of the supreme court, the adverse party having at [Vol. IV. No. CL XII.] leal! twenty days notice. And upon a like process, may final judgments and decrees in civil aftions, and suits in equity in a circuit court, brought there by original process, or removed there from courts of the feveraf I‘atcs, or removed there by appeal from a diftrift court where the matter in dispute ex ceeds the sum or value of two thousand dol lars, exclusive of colls, be le-examined and reversed or affirmed in the supreme court, the citation being iii such case signed by a judge of such circuit court, or justice of the fti- * preme and the adverse party having at leal! thirty days notice. But there fliall bo no reversal in either court un such writ of er ror for error in ruling any plea in abatement, other than a plea to the jurifdiftion of tho court, or such plea to a petition or bill in e quity, as in the nature of a demurrer, or for any error in faft. And writs* of error lhalt not be brought but within five years after ren dering or palling the judgment or decree com* plained of, or in case theperfon entitled ro such writ of error be an infant, feme covert, , non compos mentis, orimprifoped, then with in five yeats as aforefaid, exclusive of the . time of such difabifcty. And every justice or judge figniftg a citation on any writ of error as aforefaid, lhall take good and lufficient fe— entity, that the plaintiff in error lhall prose- ' cute his writ to effeft, and answer all da mages and colls if he fail to make his plea good. And he it further enaflrd That a writ of error as aforefaid lhall be a fuperfedeas and Hay execution in cases only where the writ of error is feived, by a copy ibereof being lodged for the adverse party in the clerk’s office, where the record remains within ten days, Sundays exclusive, after tendering the judgment or paffi/ig the decree complained of. Until the expiration of which term of ten days, executions lhall not iflue in any case where a writ of error may be a fupeifedeas; and whereupon such writ of error the supreme or a circuit court lhall affirm a judgment or decree, they lhall adjudge or decree to ihere fpondent in error just damages for his delay, ' and fiagle or double colls at their diferetion. Aid be it further enaQ'ed, That when a judgment or a decree fliall be reversed in a circuit court, such court lhall proceed to ren der such judgment or pass such a decree as the diftrift court Ihhuld have rendered or pafled ; and the fuprerbe court lhall do the fame on reverlals therein,' except where the reversal is in favoi of the plaintiff, or petitioner in the original fuit,'afid'the damages to be af feft’ed, or matter to be decreed, are oncer tain, in'which case they thall remand the cause" for a final de'cifiou. And the supreme court Hull not iffoe execution in ca’ufcs that are re moved before them by writs of error, but lhall fend« special mandate to the circuit court to award execution thereupon. And he it further enacted, That a final judg- ' ment or decree in any suit, iu the highest court of law or equity of a Hate in which a decision iu the suit could be had, where ia ' drawn in cpeltion the validity of a treaty of statute of, or an authority exercised under the United States, and the deeilion isagainlt their validity; or where is drawn in question the validity of a statute of, or au authority txer ■ cifed under any state, on the ground of theic * being repugnant to the conftitutiotj, treaties * or laws of the United States, and the ueci- '